K.K.Ibrahim vs Ministry Of Health And Family ...
2021 Latest Caselaw 22142 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                        WP(C) NO. 18843 OF 2021
PETITIONERS:

    1     K.K.IBRAHIM,
          AGED 67 YEARS
          KANNIMATTATHIL HOUSE, PERINGALA P.O., KUNNATHUNADU
          VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

    2     SHRI.MOHANAN.K.A.,
          AGED 53 YEARS
          KANNASKARA HOUSE, PERINGALA P.O., KUNNATHUNADU TALUK,
          ERNAKULAM DISTRICT.

          BY ADVS.
          M.S.SAJEEV KUMAR
          A.N.JYOTHILEKSHMI



RESPONDENTS:

    1     MINISTRY OF HEALTH AND FAMILY WELFARE,
          7TH FLOOR, ANNEXE 2, SECRETARIAT, THIRUVANANTHAPURAM
          P.O., PIN-695 001, REPRESENTED BY ITS PRINCIPAL
          SECRETARY.

    2     MINISTRY OF LABOUR AND SKILLS,
          2ND FLOOR, ANNEXE 2, SECRETARIAT, THIRUVANANTHAPURAM
          P.O., PIN-695 001, REPRESENTED BY ITS PRINCIPAL
          SECRETARY.

    3     DISTRICT COLLECTOR,
          OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL
          STATION, KAKKANAD, ERNAKULAM-682 030.

    4     KUNNATHUNADU GRAMA PANCHAYATH, PALLIKARA,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 565,
          REPRESENTED BY ITS SECRETARY.

    5     ENVIRONMENTAL ENGINEER,
          KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM
          DISTRICT OFFICE -2,
          NEAR KOLLUMKAL AUDITORIUM, PERUMBAVOOR P.O., 683 542.
 WP(C) NO. 18843 OF 2021

                                2

     6      MEDICAL OFFICER,
            PRIMARY HEALTH CARE, KUMARAPURAM KUMARAPURAM P.O.,
            KUNNATHUNADU TALUK, ERNAKULAM DISTRICT 683 565.

     7      SHRI. ANWAR K.P
            KANNIMATTATHIL HOUSE, PERINGALA P.O., KUNNATHUNADU
            VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

            BY ADVS.
            DR.ABRAHAM P.MEACHINKARA, SC, KUNNATHUNAD GRAMA
            PANCHAYAT
            PAUL K.VARGHESE
            A.A.GEETHA




            APPU.P.S-GP

            SC FOR R4




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18843 OF 2021

                                         3


                                 JUDGMENT

The learned counsel appearing for the 7th respondent as well as the

learned Standing Counsel for the Panchayath and the Pollution Control

Board submit that the 7th respondent has been granted the required

consents and licences for the running of the Cashew Processing Unit.

Documents including Ext.R7(i) are produced in support of the said

contentions. The learned counsel for the petitioner submits that there

are still subsisting pollution issues.

2. In view of the fact that the licences and permissions have been

made available by the learned counsel appearing for the respondents, I

am of the opinion that no further orders are liable to be passed in this

writ petition.

This writ petition is closed, leaving open the contentions of the

parties to be agitated in case there is any further pollution.

Sd/-

[

ANU SIVARAMAN JUDGE SVP WP(C) NO. 18843 OF 2021

APPENDIX OF WP(C) 18843/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 05.04.2021, THE 2ND PETITIONER SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 11.08.2020 ISSUED FROM THE DEPARTMENT OF NEPHROLOGY, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 08.04.2021 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 08.04.2021 SUBMITTED BEFORE THE 6TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPORT NO.309/2021 DATED 29.04.2021, THE 6TH RESPONDENT SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER NO.PCB/EKM/DO-

2/GEN-57/2018 DATED 17.06.2021.

Exhibit P7 TRUE COPY OF THE STOP MEMO VIDE NOTICE NO.A4/2413/21 DATED 27.07.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 30.07.2021 SUBMITTED BY SMT.FATHIMA.

Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 30.07.2021 SUBMITTED BY SHRI.K.K.ABDUL GAFOOR.

Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 30.07.2021 SUBMITTED BY SHRI.VARGHESE,

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 30.07.2021 SUBMITTED BY SMT.ACCHAMMA.

Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 30.07.2021 SUBMITTED BY SHRI.MOHAN.

WP(C) NO. 18843 OF 2021

Exhibit P13 TRUE COPY OF THE COMPLAINT DATED 30.07.2021 SUBMITTED BY SHRI.VARGHESE.

Exhibit P14 TRUE COPY OF THE COMPLAINT LETTER DATED 06.08.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P15 TRUE COPY OF THE APPLICATION DATED 18/10/2021, SUBMITTED BY 1ST PETITIONER.

Exhibit P16 ORIGINAL OF THE PHOTOGRAPHS TAKEN ON 18/10/2021 AT 3.55.A.M.

Exhibit P17 ORIGINAL OF THE PHOTOGRAPHS TAKEN ON 18/10/2021 AT 7.55.A.M.

Exhibit P18 TRUE COPY OF THE PHOTOGRAPHS TAKEN ON 19/10/2021 AT 5.53.A.M.

Exhibit P19 TRUE COPY OF THE PHOTOGRAPHS TAKEN ON 20/10/2021 AT 6.35.A.M.

Exhibit P20 TRUE COPY OF THE PHOTOGRAPHS TAKEN ON 24/10/2021 AT 19.59.

Exhibit P21 TRUE COPY OF THE PHOTOGRAPHS TAKEN ON 25/10/2021 AT7.14.A.M.

Exhibit P22 TRUE COPY OF THE PHOTOGRAPHS TAKEN ON 26/10/2021 AT 7.23.A.M.

RESPONDENT EXHIBITS

Exhibit R7(I) TRUE COPY OF THE FTE AND OS LICENCE NO. A7-

1176/2021 DATED 02/11/2021 ISSUED BY THE KUNNATHUNADU GRAMA PANCHAYATH